Technical Memorandum 2.5

Table of Contents

2.5 Environmental Water Use 2.5.1 Introduction 2.5.2 Water-related Environmental Practices 2.5.2.1 Wyoming State Engineer’s Office Instream Flow Filings 2.5.2.2 U.S. Forest Service Instream Bypasses 2.5.2.3 Minimum Reservoir Releases 2.5.2.4 Water Appropriations for Fish and Wildlife 2.5.3 Environmental Survey 2.5.3.1 Survey Distribution 2.5.3.2 Survey Responses 2.5.4 Cooperative Agreement and Draft Environmental Impact Statement 2.5.4.1 Cooperative Agreement 2.5.4.2 Draft Environmental Impact Statement (DEIS) 2.5.5 Conclusions 2.5.6 References

Technical Memorandum 2.5 TC2.5-1 3/24/2005

List of Tables

Table 2.5.1. Summary – Wyoming State Engineer’s Office (SEO) instream flow filings in Wyoming’s Platte River Basin Table 2.5.2. Summary – U.S. Forest Service (USFS) instream bypasses Table 2.5.3. Summary – minimum reservoir releases Table 2.5.4. Summary – water appropriations in the Platte River basin for fish and wildlife use Table 2.5.5. Summary – surveyed environmental organizations

Technical Memorandum 2.5 TC2.5-2 3/24/2005

List of Figures

Figure 2.5.1. Instream flow filing sites – Above Pathfinder Dam subbasin Figure 2.5.2. Instream flow filing sites – Pathfinder to Guernsey subbasin Figure 2.5.3. Instream flow filing sites – Upper Laramie subbasin Figure 2.5.4. Instream bypass sites – Above Pathfinder Dam subbasin Figure 2.5.5. Instream bypass sites – South Platte subbasin Figure 2.5.6. Basin Reservoirs operated to provide minimum or voluntary releases Figure 2.5.7. Fish and wildlife water appropriations

Technical Memorandum 2.5 TC2.5-3 3/24/2005

Platte River Basin Water Plan

Technical Memorandum 2.5

SUBJECT: Platte River Basin Water Plan Section 2.5 – Environmental Water Use

PREPARED BY: Trihydro Corporation

DATE: April 1, 2005

PURPOSE: The Platte River Basin Plan is a planning tool developed for the Wyoming Water Development Office. It presents estimated current and estimated future uses of water in Wyoming’s Platte River Basin. The Plan is not used to determine compliance with or administration of state law, federal law, court decrees, interstate compacts, or interstate agreements.

2.5 ENVIRONMENTAL WATER USE

2.5.1 Introduction This technical memorandum describes environmental water use within the Platte River Basin of Wyoming and considers water-related environmental practices in the basin, including Wyoming State Engineer’s Office (SEO) instream flow filings, U.S. Forest Service instream bypasses, and U.S. Bureau of Reclamation (USBR) minimum and voluntary reservoir releases. In addition, this memorandum includes the results of a survey of organizations having an interest in water-related basin environmental issues and a summary of information regarding the Platte River Recovery Implementation Program and Draft Environmental Impact Statement.

2.5.2 Water-related Environmental Practices Environmental water use within the Platte River Basin includes maintenance of minimum stream flow rates and reservoir water levels to protect new and existing fisheries and wildlife habitat. Instream flow filings, instream bypasses, and minimum reservoir releases are three tools used by state and federal agencies to produce and protect fisheries habitat in the Platte River Basin that has been impacted by historical low flow conditions. Due to the non-consumptive nature of environmental water uses, water consumption attributed to environmental use is minimal and is due primarily to evaporative loss.

2.5.2.1 Wyoming State Engineer’s Office Instream Flow Filings In 1986 the Wyoming State Legislature passed House Bill No. 209 leading to the creation of Wyoming Statutes 41-3-1001 through 41-3-1014. These statutes recognize minimum instream flows to establish, maintain, or improve new and existing fisheries as a beneficial use of State

Technical Memorandum 2.5 2.5-1 3/7/2005 water. W.S. 41-3-1002(d)(ii) states that any person “may divert and appropriate, as provided by law, instream flow waters for any beneficial use other than for instream flows at the following places: within one (1) mile upstream from any point where the instream flow enters the main stem of the North Platte River.” Establishing instream flow as a beneficial use allows the SEO to grant direct flow and storage water rights to the State of Wyoming solely for the purpose of the creation, enhancement, and protection of fisheries. The Wyoming Water Development Commission (WWDC) has filed 93 applications with the SEO on behalf of the State for minimum instream flow rights state-wide. At the time of this writing, 34 instream flow water rights have been permitted.

An instream flow water right is established through a process involving the Wyoming Game and Fish Department (WGF), the Wyoming Water Development Commission (WWDC), and the Wyoming State Engineer’s Office (SEO). WGF is responsible for initial identification of stream segments that need minimum instream flow protection. These stream segments may be presented annually by the WGF to the WWDC. The WWDC is required to file applications with the SEO for instream flow appropriation in stream segments recommended by the WGF. The WWDC is also responsible for evaluating the feasibility of each WGF request for instream flow protection and whether storage is needed to provide the discharge recommended by the WGF. The WWDC provides its findings regarding the feasibility of the appropriation of water for instream flow in a report to the SEO.

The SEO is responsible for reviewing the application and feasibility report and either permitting the instream flow water right requested by the WWDC or rejecting the application. The SEO may not issue an instream flow permit when the instream flow right would be included as part of the consumptive share of water allocated to Wyoming in an interstate decree or compact. In addition, the amount of water appropriated under an instream flow right may not result in more water leaving the state than would otherwise be allocated for downstream uses outside Wyoming.

As part of the instream flow permitting process, the SEO conducts a public hearing to present information regarding the instream flow application and to receive public comment. A 30-day comment period is normally allowed. If the SEO approves the instream flow permit application, the SEO may place a condition on the permit requiring review of continuation of the permit.

Instream flows permitted by the SEO are water rights held in the name of the State of Wyoming. Instream flow rights are administered similarly to other surface water rights granted by the SEO. After senior upstream water rights are satisfied, remaining stream flow is protected for instream purposes when water is available under an instream flow permit. Assuming natural flow is sufficient and senior upstream water rights are met, instream flows are typically satisfied. It is the responsibility of the Wyoming Game and Fish Department (WGF) to recognize when a permitted minimum instream flow is not achieved due to diversions by appropriators with junior water rights. In this event, WGF reports the need for regulation for the benefit of the instream flow water right to the WWDC, who in turn requests (calls for) regulation by the SEO. The SEO will

Technical Memorandum 2.5 2.5-2 3/7/2005 then evaluate whether the call for regulation is valid and, if so, will administer the water rights to provide the permitted instream flow.

The recommended instream flow may, in some instances, vary by time and season of the year, based on studies completed by the WGF. The basis for recommended minimum flows is described in WGF reports that are attached to instream flow applications that are submitted to the WWDC by WGF. Currently, 12 instream flow filings for stream reaches located within the Platte River Basin have been submitted to the SEO. Information regarding these 12 filings is summarized in Table 2.5.1, and the locations of these 12 stream reaches are shown on Figures 2.5.1, 2.5.2, and 2.5.3. To date, none of the 12 Platte River Basin instream flow application filings have been permitted by the SEO.

Technical Memorandum 2.5 2.5-3 3/7/2005 Table 2.5.1 Summary - Wyoming State Engineer's Office (SEO) instream flow filings in Wyoming's Platte River Basin

Point of beginning Stream Minimum of minimum Point of ending of reach flow (cubic instream flow minimum instream Hearing length feet per (Section, Township, flow (Section, No. Stream segment held (miles) second) Range) Township, Range)

South Fork of the Grand 1 Encampment River yes 13.60 54 10-12-84 13-14-84 2 North Platte River yes 16.00 163 23-12-80 26-14-81 3 Sweetwater River yes 10.20 16-80 17-28-98 34-29-97 4 Lake Creek yes 5.80 0.5 33-14-78 11-13-79 5 Horse Creek yes 0.10 0.2 16-14-79 16-14-79 6 Nugget Gulch Branch yes 0.10 0.2 14-14-79 14-14-79 7 Beaver Creek yes 1.90 0.35 14-14-79 22-14-79 8 Camp Creek yes 1.20 0.2 13-14-79 19-14-78 9 Douglas Creek yes 22.30 5.5 9-14-79 6-13-80 10 Wagonhound Creek no 8.50 1.2-545 31-19-79 6-19-79 Pathfinder to Guernsey subbasin 11 Deer Creek yes 5.00 10-30 11-31-77 T110A-32-77 Upper Laramie subbasin 12 Laramie River yes 3.94 50-100 26-13-77 10-13-77

Source: Wyoming State Engineer's Office, February 17, 2005 e-mail

Technical Memorandum 2.5 2.5-4 3/7/2005 Sublette Natrona

Fremont Sweetwater River

Albany

Rawlins

Carbon Legend

Instream Flow Segments County Boundaries Wagonhound Creek

** NOTE: Nugget Gulch Branch, Horse Creek and Camp Creek segments are too small to be seen at this scale Saratoga

Grand Encampment

South Fork Grand Encampment River Beaver Creek Lake Creek Douglas Creek North Platte River Figure 2.5.1 Instream Flow Filing Sites Above Pathfinder Dam Subbasin 7 3.5 0 7 Miles Platte River Basin Water Plan

Carbon

Legend Albany Instream Flow Segments Laramie County Boundaries

Laramie River I.F. Seg. No.1

Figure 2.5.3 Instream Flow Filing Sites Upper Laramie Subbasin 4 2 0 4 Miles Platte River Basin Water Plan 2.5.2.2 U.S. Forest Service Instream Bypasses The U.S. Forest Service (USFS) has required instream bypasses as conditions on certain USFS land use authorizations at several locations in the Platte River Basin. Instream bypasses are measures intended to reduce impacts on the environment resulting from the diversion of water from streams located on USFS lands. Instream bypasses are defined on the basis of the terms and conditions of certain land use authorizations (e.g. easements or special use permits) issued by the USFS for USFS land. The USFS has regulatory authority for the administration of USFS land use authorizations and associated terms or conditions. Though streams with USFS instream bypass protection and stream reaches for which minimum instream flow permit applications have been submitted to the Wyoming State Engineer’s Office (SEO) often overlap, USFS instream bypasses are not related to permitting and administration of minimum instream flows by the SEO.

A USFS instream bypass is intended to provide a minimum rate of stream flow to be maintained at a specified bypass point located on land subject to a USFS land use authorization. Because a USFS instream bypass applies to a single point of regulation, USFS instream bypasses do not afford protection to reaches of streams as do minimum instream flows granted by the SEO. USFS instream bypasses are not water appropriations under Wyoming state law and therefore are not administered or recognized by the SEO. Currently the USFS has instream bypass points located on nine streams within Wyoming’s Platte River Basin. Information regarding these nine USFS Platte River Basin instream bypasses is summarized in Table 2.5.2, and the locations of the instream bypasses are shown on Figures 2.5.4 and 2.5.5.

Technical Memorandum 2.5 2.5-8 3/7/2005 Table 2.5.2 Summary - U.S. Forest Service (USFS) instream bypasses

Minimum flow (cubic feet per Flushing flow (cubic feet per Stream second) second) Bypass point Above Pathfinder subbsin Nugget Gulch Creek 0.2 4.5 T14N R79W Sec14 Little Beaver Creek 0.35 7 T14N R79W Sec14 Camp Creek 0.2 2 T14N R79W Sec13 Lake Creek 0.5 8.5 T14N R78W Sec33 Horse Creek 0.2 N/A T14N R79W Sec16 Douglas Creek 5.5 130 T14N R79W Sec9 Hog Park Creek 15 200 (maximum release permitted) T12N R84W Sec5 Deep Creek, below Sand Lake 0.8 T17N R79W Sec9 South Platte subbasin Middle Crow Creek N/A 2 (maximum release permitted) T14N R71W Sec27 Source: Mr. David Gloss, Hydrologist, Medicine Bow Routt National Forests, Saratoga, WY, June 2004

Technical Memorandum 2.5 2.5-9 3/7/2005 k

e

e H r or C s e o C l r

a e

f e Ro f k

c u k Cre ek B Dr Sublette Natrona y C ree W k illo r k w C ve e re Ri re Fremont ek k ter C e a s e k etw a r e we s C re S n C Ea ka an st Al w C r yon kali o y A C Lak ll d re e i d ek u C W k ro M ee ok r Creek s C C Dry ake r nd ali L ee a t Alk k S Wes Sage Creek

ek re

C M in st u u d A d

y

C

er r Bow Riv e Albany edicine e M k ek re e C B il ig nm D ve it Se ch

Rawlins ek Legend k e e Cr e e r ot USFS Bypass Points C o ek r k F Cre a e ock g e R u r Wilderness Area S C

d USFS National Forest Carbon n u Pass o C h County Boundaries reek n ek o re g C a ge W Sa Saratoga Deep Creek, Below Sand Lake

k e e r k e C k e g ee r n r C i r r C k p e sh ek c S v u e a i r r J h B C t R h u t nc o n re S e F k m th e p u re Grand Encampmoent C m S a Horse CreekCamp Creek ow c C n E Little Beaver Creek Lake Creek Douglas Creek Nugget Gulch Creek P e l Bamford Creek / S. Fork of Middle Crow Creek Hog Park Creek to n C re e k

Figure 2.5.4 Instream Bypass Sites Above Pathfinder Dam Subbasin 8 4 0 8 Miles Platte River Basin Water Plan Lo dgepol e Creek North Lodgepole Creek

South Lodgepole Creek

Laramie

Legend Bamford Creek / S. Fork of Middle Crow Creek Cheyenne USFS Bypass Points Albany Wilderness Area D USFS National Forest a le C County Boundaries re e k

Figure 2.5.5 Instream Bypass Sites South Platte Subbasin 4 2 0 4 Miles Platte River Basin Water Plan 2.5.2.3 Minimum Reservoir Releases Reservoirs and their associated dams affect aquatic and riparian environments in and along their tail waters. Variable flows, low flows and the loss of spring-time flushing flows can have negative effects on aquatic environments below reservoirs. Minimum reservoir releases below Grayrocks and certain USBR dams within the Platte River Basin have resulted in benefits to downstream aquatic and riparian habitats. Within Wyoming’s Platte River Basin, minimum release requirements have been placed on three reservoirs. Two of these dams, including Kortes and Gray Reef, are owned and operated by the U.S. Bureau of Reclamation (USBR). Information regarding these minimum releases is summarized in Table 2.5.3. The third dam, Grayrocks, is owned and operated by Basin Electric Power Cooperative. In addition, the USBR also provides voluntary continuous low flow releases below Pathfinder and Glendo Dams. The locations of the five basin dams operated to provide minimum releases are shown on Figure 2.5.6.

Technical Memorandum 2.5 2.5-12 3/7/2005 Table 2.5.3 Summary - minimum reservoir releases

Minimum reservoir release Name Owner (cubic feet per second) Applicable regulation Above Pathfinder subbasin Kortes Dam U.S. Bureau of Reclamation500 U.S. Public Law 92-146 (85 Statute 414), Missouri Basin project. Pathfinder to Guernsey subbasin Pathfinder Dam U.S. Bureau of Reclamation75 Voluntary low flow release for trout fisheries Gray Reef Dam U.S. Bureau of Reclamation 330 U.S. Public Law 85-695 (72 Statute 687), Missouri Basin Project Glendo Dam U.S. Bureau of Reclamation25 Voluntary low flow release for fisheries + wetlands Lower Laramie subbasin Name Owner Minimum reservoir release (cubic feet per second)

Natural flow is measured at the gage above Grayrocks Reservoir. Senior rights downstream of Grayrocks Reservoir total 24.69 cfs.

As measured at the gage below Grayrocks Reservoir. October 1 to March 31 - 40 cubic feet per second April 1 to April 30 - 50 cubic feet per second When storage in May 1 to September 30 - minimum flow of whichever is greater: 40 Grayrocks cubic feet per second or 75 percent of natural flow at the gage Reservoir is at above Grayrocks Reservoir, after all rights have been filled except least 50,000 acre- the Grayrocks Reservoir storage right and the direct flow right for feet the Laramie River Station power plant; release rates are not to exceed 200 cubic feet per second

When storage in Grayrocks Reservoir is less No minimum release than 50,000 acre- Basin Electric Power Grayrocks Dam feet Cooperative

Exhibit 3 As measured at the Ft. Laramie Gauge. October 1 to March 31 - 40 cubic feet per second April 1 to April 30 - 50 cubic feet per second When storage in Grayrocks Reservoir. Grayrocks May 1 to September 30 - minimum flow of which ever is greater: 40 Grayrocks cubic feet per second or 75 percent of natural flow at the gage Reservoir is at above Grayrocks Reservoir after all rights have been filled except least 50,000 the Grayrocks Reservoir storage right and the direct flow right for acre/feet the Laramie River Station power plant; release rates are not to exceed 200 cubic feet per second

When storage in October 1 to March 31 - 20 cubic feet per second Grayrocks Reservoir is less than 50,000 acre- April 1 to September 30 - 40 cubic feet per second

Reference: 1978 Agreement of Settlement and Compromise and the Modified North Platte Decree, feet Whenever there is less than 29.575 cubic feet per second of natural flow at the gage above

Technical Memorandum 2.5 2.5-13 3/7/2005 k e re C g S in ag Middle Fork Casper Creek r k e p e Cr S e e d r ek n C a S e l

o ek C k on Spider Cre North Platte River e Pois

e r eek k r k C C n e e Iro e n H e k r k k

r e e o B e C e r a e e r C s t t C H e r e e s k y s C C r e d o C k o d e re u l e e e k r C L g k h M e t r e e a R r e S i r a r e f k C e a v f D t r W e i S m C R r Gray Reei f Reservoir r w u y S e i r n e C k ll e C k e l e h k t B e i o D d e r a re e l e C d w w i t t e e r n e e k k n n r e r E P o C e g h C Sw e k Pathfinder Reservoir x o lk r C Glenkdo Reservoir a r r e B E e C o e e L e w e n e k C r B a e r a k o k r C e L e r w t re l C y e C C o e D l d o k o ro l d sh i k B e d ok u e k Sa ors m e e o o s W M r e nd H C o r C r C Cotto o e re nwood r e d C e Creek w k n k B a ry F n S M is o D u h C t ddy C reek t reek iver o R C k mie ee ara N r th L or C Nor Dry Laramie River th tin Pl Kortes Reservoir s att Au Grayrocks Reservoir e R iv Medicine Bow River Duck Creek er R aramie River oc L ek k C re ig Ditch re C k R B ek e e o r ll re b e i C b Legend k v b D k e i Sy u e k e a e r R e r e a r C e h w C e e i c k Min Release Reservoirs r t i e r o m R re a C o a C g F r er u d a t County Boundaries S L a k n e Little S gw k Cre a u r ge Creek Pass ek hu Cree k Bea Cree o re k C Bear ee k h r C ree North C ek n on C ar o t re ut er Be g C D op tle ek a o it ge e C r L a Cr W ve S k k i c e R orse Creek Ja e ie H Ch r m ivingt C a on Dr g ar Lodg aw in k L epol r ee e ek e C p r ttl e Cre reek S C k i epol k g h e L Lod e h t w e k Sout u o r e e W Spring B o C r e Creek C i S i r C l g l r C o s e C w v a d D l a r n C a e g e a r l e u S e e B k e o C D k r uck C D e reek e k

Figure 2.5.6 Basin Reservoirs Operated to Provide Minimum or Voluntary Releases 10 5 0 10 Miles Platte River Basin Water Plan 2.5.2.4 Water Appropriations for Fish and Wildlife Numerous water right permits have been issued by the Wyoming State Engineer’s Office (SEO) for the benefit of fish and wildlife. These permits are held by various entities for maintaining fisheries and wildlife habitat. A complete listing of waters appropriated for environmental benefit would be too extensive to compile. A list of permits for fish and wildlife uses in Wyoming’s Platte River Basin is included as Table 2.5.4. The locations of these structures are shown on Figure 2.5.7.

Technical Memorandum 2.5 2.5-15 3/7/2005 Table 2.5.4 Summary - water appropriations in the Platte River basin for fish and wildlife use

Location Subbasin Name Permit No. Appropriation Source Appropriator(s) (S, T, R) Beneficial use(s) Town of Saratoga, municipal, Wyoming Game and Fish recreation, stock, Saratoga Reservoir (1) 5706R 810.51 acre-feet Commission 1-17-84 fish Town of Saratoga, Wyoming Game and Fish Enlarged Saratoga Reservoir (1) 7297R 748.89 acre-feet Commission 1-17-84 recreation Town of Saratoga, Wyoming Game and Fish Enlarged Saratoga Supply (1) 6354E -- Commission 12-17-84 supply ditch North Platte River Above Pathfinder storage of Saratoga Wetland Pond No. 2 (1) 9661R standing water caused by the historic discharge Wyoming Department of from or seepage 1/17/1984 fish, stock, wildlife Game and Fish Saratoga Wetland Pond No. 3 (1) 9662R out of Saratoga Lake Reservoir, Permit No. 7297R

Saratoga Wetland Pond No. 8 (1) 9663R 2.31 cubic feet First Enlargement Boylan Ditch (2) 5134E per second -- Wyoming Game and Fish 34-23-77 fish 11.00 cubic feet Wyoming Game and Fish Enlarged Sussex (2) 5966E per second -- Department 15-32-81 fish Pathfinder to 5.47 cubic feet Wyoming Game and Fish domestic, fish, Guernsey Enlarged Sussex (2) 6451E per second -- Department 15-32-81 irrigation

Guernsey Fish Pond Reservoir (2) 5514R 87.90 acre-feet -- Town of Guernsey 2-26-66 fish

Lake Hattie Canal No. 1 (1) 24888 Wyoming Game and Fish 300 acre-feet Laramie River 26-15-76 fish, recreation Commission Lake Hattie Reservoir (1) 1372R domestic, recreation, stock, Spring Creek Reservoir (2) 4906R 2.74 acre-feet -- U.S. Forest Service 21-16-78 fish

domestic, irrigation, stock, fish, recreation, power, flood Little Brooklyn Reservoir (1) 4852R 28.41 acre-feet Nash Fork U.S. Forest Service 11-16-79 control

Upper Laramie domestic, recreation, stock, Hanging Lake Reservoir (1) 4924R 12.27 acre-feet Nash Fork U.S. Forest Service 20-16-78 fish domestic, U.S. Fish and Wildlife recreation, stock, Towner Lake Reservoir (2) 4885R 30.6 acre-feet -- Service 15-16-79 fish domestic, U.S. Fish and Wildlife recreation, stock, Mill Pond Reservoir (2) 4887R 13.26 acre-feet -- Service 14-16-79 fish 3912.30 acre- Wyoming Game and Fish Twin Buttes Reservoir (2) 7435R feet -- Commission 30-15-75 fish, recreation

1.6 cubic feet per second First Enlargement Hutton Lake (2) 5212E Sand Creek U.S. Biological Survey 18-14-74 irrigation, wildlife

Technical Memorandum 2.5 2.5-16 3/7/2005 Table 2.5.4 Summary - water appropriations in the Platte River basin for fish and wildlife use (cont)

Location Subbasin Name Permit No. Appropriation Source Appropriator(s) (S, T, R) Beneficial use(s)

fish, irrigation, Grayrocks Reservoir (1) industrial, 7649R 15,000 acre-feet recreation, wildlife Lower Laramie Basin Electric Power 31837 --Laramie River Cooperative 5-25-65 fish, wildlife North Laramie Land Company No. 3 3156.84 acre- North Laramie Wyoming Game and Fish Reservoir (1) 1517R feet River Department 22-25-68 fish, recreation

Wyoming Game and Fish Dry Creek, Horse Commission, U.S. Bureau Table Mountain No. 1 Reservoir (1) 6676R 144.96 acre-feet Creek of Land Management 24-22-61 fish, wildlife

Wyoming Game and Fish Dry Creek, Horse Commission, U.S. Bureau Table Mountain No. 2 Reservoir (1) 6677R 44.86 acre-feet Creek of Land Management 24-22-61 fish, wildlife Dry Creek, Horse State Game and Fish Table Mountain No. 3 Reservoir (1) 6790R 32.00 acre-feet Creek Commission 25-22-61 wildlife

Sec. 19-Seep Creek, in State Game and Fish drainage of Commission, U.S. Bureau waterfowl, nesting, Table Mountain No. 4 Reservoir (1) 6918R 11.92 acre-feet Horse Creek of Reclamation 19-22-60 hunting Horse Creek Seep Creek, Wyoming Game and Fish Table Mountain No. 5 Reservoir (1) 7321R 63.72 acre-feet Horse Creek Commission 13-22-61 fish State Game and Fish Dry Creek, Horse Commission, U.S. Bureau fish, recreation, Table Mountain No. 6 Reservoir (1) 7534R 76.37 acre-feet Creek of Reclamation 24-22-61 wildlife

State Game and Fish Dry Creek, Horse Commission, U.S. Bureau Table Mountain No. 7 Reservoir (1) 7535R 15.30 acre-feet Creek of Reclamation 18-22-60 wildlife

State Game and Fish Dry Creek, Horse Commission, U.S. Bureau fish, recreation, Table Mountain No. 8 Reservoir (1) 7536R 28.80 acre-feet Creek of Reclamation 18-22-60 wildlife

State Board of Land Commissioners, Hirsig flood control, Hirsig No. 3 Reservoir (2) 7671R 141.8 acre-feet -- Ranch Inc. 31-19-68 recreation, fish Notes: (1) Information provided by Wyoming Game and Fish Department, checked in SEO TAB book (2) Information shown as provided by Wyoming Game and Fish Department (3) Only "environmental uses" (fish, wildlife, recreation) are listed in this table; individual water rights may have other permitted beneficial uses

Technical Memorandum 2.5 2.5-17 3/7/2005 k e e r S C ag Middle Fork Casper Creek g e C in S r r a ee p n k S d

d C n r a e S e reek North Platte River k k oison Spider C e P

e k r k ree e k k C C Sussex Enl. e n e e o Ir r e n e H r k k C e r e o e r B e C r a e C C e t H s te

y e s k e s C ek r o dd e o C re e e k n u C l r e r e e L g k M e C r w a e R a e r S r R r f e k th C a a f i e v S D t o i C h w i m e r c R u ry r n S e S h k e C k e l t B D r k d i C a e e l e d w e i r t e e r e k k n E e e r P C w e g e S e k x a eek C r r k C r e C o e e L om e C r n B ek ro r e B k o r C e k t C ee w l e r e t C o y n C l d o k o oe ro l d k a B sh o i u e k B S L rse k W e e an o s C M r e d H r C r Cr Cottonwo e d C ee od Creek ek n y k Guernsey Fish Pond Res. Sa r M Fish D uddy Cree Creek k ek re C Greyrocks Res. in st North Laramie Land Co. No. 3 Au Medicine Bow River Duck Creek Boylan Enl. F itch oo Big D te Halleck Creek No. 4 C r Legend re e k e iv e k e R r k e Fish and Wildlife Reservoirs C ree i Table Mountain r ss C m a Pa a g r County Boundaries u a ek Nos. 1, 2, 3, 4, 5, 6, 7, & 8 S L Bosler Reservoir L re ittle Sag C e Creek ek r re k te C ee wa on Cr g tt er hu Saratoga Reservoir Du op C Hirsig No. 3 Res Co Saratoga Wetland Ponds No. 2, 3, & 8 e Creek Hors C Hanging Lake Res. hiving Lo ton Dra dgep w ole C Towner Lake Res. Spring Creek Res. reek Mill Pond Res. Hutton Lake First Enl. Spring Creek Little Brooklyn Res. Lake Hattie D P a e Twin Buttes l lto e n C D C r uck C r e reek e e ek k

Figure 2.5.7 Fish and Wildlife Water Appropriations Platte River Basin Water Plan 10 5 0 10 Miles

2.5.3 Environmental Survey During this study, a draft survey was developed to identify water-related environmental issues in the Platte River Basin. A contact list of environmental groups and interested organizations which are located or have interests in Wyoming’s Platte River Basin was compiled, provided to the Platte River Basin Advisory Group (BAG) for review, and expanded based on BAG comments. The survey was then distributed to the organizations and groups on the contact list following telephone contact with a representative of each organization and determination that the groups were interested in contributing to this component of the Platte River Basin Plan. Not all groups that were listed and contacted completed or returned the environmental survey.

2.5.3.1 Survey distribution The four question survey was submitted to locally and nationally active organizations with water- oriented interests within Wyoming’s Platte River Basin. An attempt was made to contact 26 organizations operating within the Platte River Basin. Of these 26 organizations, 25 were contacted and expressed interest in completing the survey. Thirteen of the 25 surveys sent to interested organizations were completed and returned. Organization names, contact information and survey status are listed in Table 2.5.5.

Technical Memorandum 2.5 2.5-19 3/7/2005 Table 2.5.5 Summary - surveyed environmental organizations

Organization Contact Date survey returned Nature Conservancy Dr. Joni Ward 10/20/04 Ducks Unlimited Bob Sanders 7/12/06 Wyoming Council of Trout Unlimited Kathy Buchner 8/4/04 Sierra Club – Wyoming Chapter Kirk Koepsel 8/18/04 Wyoming Outdoor Council Steve Jones No Response Wyoming Wildlife Federation Mark Winland 8/13/04 U.S. Bureau of Land Management (BLM) - Wyoming Vicky Herren 8/4/04 Upper North Platte Water Users Association Joe Glode 7/10/04 Platte Riveryygp Cooperative Clayton Derby 7/30/04 Natural Resources Harold Bergman No Response University of Wyoming Department of Renewable Resources Tom Thurow No Response Wyoming Association of Conservation Districts Bobbi Frank No Response Natrona County Conservation District Jamie George No Response Converse County Conservation District Radonna Vore 7/21/04 Saratoga-Encampment-Rawlins Conservation District Buck Buchanan 8/13/04 Niobrara Conservation District Lisa Shaw 7/6/04 Medicine Bow Conservation District Brad Holliday 9/28/04 Laramie Rivers Conservation District Tony Hoch 7/27/04 Platte County Resource District Brian Artery No Response Lingle-Ft. Laramie Conservation District North Platte Valley Conservation District South Goshen Conservation District Nancy Borton No Response Laramie County Conservation District Jim Cochran 7/12/04 Wyoming Water Association John Shields No Response Sportsmen for Fish and Wildlife Bob Wharff No Response Wyoming Farm Bureau Federation John Gram No Response

Technical Memorandum 2.5 2.5-20 3/7/2005 2.5.3.2 Survey responses Survey forms that were returned voiced concerns and suggestions on a number of basin environmental issues. Subjects which were addressed by several respondents included land management practices in regard to forestry and vegetation and potential effects these practices might have on water yield and quality, endangered species and interstate agreements, water conservation and pertinent State guidance, shifts from agriculture to municipal uses of basin water, and water quality.

Information gathered from the 13 organizations which returned completed surveys is summarized below. Survey responses have been edited for spelling and grammar. In the event a respondent did not answer one or more of the four survey questions an “NR” (no response) has been inserted.

Question 1 Please list and briefly describe current Wyoming Platte River Basin surface and/or groundwater related environmental issues (water quality, water availability, wildlife habitat, etc.) that your organization has identified and about which your organization is concerned.

Sierra Club: Kirk Koepsel, Senior Regional Representative Water quality and quantity concerns are very important to the Sierra Club. These issues are particularly important with regard to recreational use of the river and wildlife habitat. We are not only concerned about wildlife habitat here in Wyoming, but also habitat downstream in Nebraska. The habitat concerns in Nebraska center on species of concern such as the Sand Hill Cranes and endangered species such as the whooping crane, pallid sturgeon, piping plover, and least tern.

Wyoming Wildlife Federation: Mark Winland, President We are primarily concerned with recreation/fisheries and wildlife habitat issues, both in Wyoming and downstream (downstream issues include endangered species issues).

Saratoga-Encampment-Rawlins Conservation District: Buck Buchanan, District Coordinator Water availability is our chief concern here at the district. The proposed Pathfinder addition we believe will place further calls upon the upper basin of the watershed. This will result in a loss of meadows that have been created over the years and a reduction of important hay resources for local producers along with a reduction of high quality wildlife habitat.

U.S. Bureau of Land Management (BLM): Vicki Herren, Fire Ecologist For wild land fire and fuels management, water availability for both fire suppression and prescribed fire activities is our concern. We have completed a programmatic consultation with the (U.S.) Fish and Wildlife Service for depletions although our use levels are quite low.

Wyoming Council of Trout Unlimited: Kathy Buchner, Part Time Director The Wyoming Council of Trout Unlimited (WYTU) is dedicated to conserving, protecting, and restoring coldwater fisheries and their watersheds. Water quality is a concern and is

Technical Memorandum 2.5 2.5-21 3/7/2005 impacted by natural and human-caused factors, i.e., temperature fluctuations, drought conditions, logging, grazing, roads, agriculture, domestic, and industrial pollution.

Water availability is obviously a concern as fish need water every day. It is a well known fact that some of the dams on the Platte River have created some world class coldwater fisheries in places where trout were not historically found. But, in order to maintain these fisheries, dam releases and water management are crucial – timing and quantity have profound effects on trout spawning success. And, in the headwater streams in the drainage, water availability is also important on a year-round basis.

Fisheries habitat is always a concern also, and WYTU is interested in preserving what good habitat remains and in helping restore habitat that has been degraded for whatever reason.

Invasive, non-native aquatic species, such as zebra mussels, New Zealand mud snails, Whirling Disease, etc., are also a concern.

Platte River Cooperative Agreement: Clayton Derby, Platte River Cooperative Agreement Assistant Executive Director One overall purpose of the Platte River Recovery Implementation Program, being developed during this Cooperative Agreement period, is to "provide ESA (Endangered Species Act) compliance for existing and new water related activities in the Platte River Basin." To accomplish this, several specific goals and objectives are identified. I will briefly show the ones with specific relevance to this questionnaire, but encourage you to review the entire document for the complete answers.

Future Depletions - The Platte River Recovery Implementation Program will replace depletions to the North, South, and Platte Rivers according to each State’s (Colorado, Wyoming, and Nebraska) and federal government's future depletions plans (see draft Platte River Recovery Implementation Program Document and Attachment 5 of the Program Document).

Water Conservation/Supply/Re-regulation - The Platte River Recovery Implementation Program has as a first increment (13 year) objective "improving the occurrence of Platte River flows in the central Platte associated habitats relative to the present occurrence of species and annual pulse target flows by an average of 130,000-150,000 acre-feet per year at Grand Island, through re-regulation and water conservation/supply project." There is a reconnaissance level report describing potential projects to achieve this first increment objective and a process to develop other projects as needed (see draft Platte River Recovery Implementation Program Document and Attachment 5).

NOTE: All acquisitions of water and land interests under the Platte River Recovery Implementation Program will be achieved through willing sellers/participants.

Technical Memorandum 2.5 2.5-22 3/7/2005 Laramie Rivers Conservation District: Anthony Hoch, District Manager - Water availability and storage in the Laramie basin. - Fecal bacteria runoff from agricultural operations. - Restrictions and loss of irrigation water rights due to [the] Platte River agreement. - New development in areas where fresh water is lacking or absent.

Laramie County Conservation District: Jim Cochran District Manager a) Declining Ogallala aquifer/groundwater supply in SE Wyoming. b) Fecal coliform levels in Crow Creek (listed as an impaired water body). c) Current drought conditions and effects on water quantity and quality. d) Effect of improvements in irrigation efficiencies to riparian areas and wetlands supported from irrigation run-off.

Medicine Bow Conservation District: Brad Holliday Continuing to sample water quality, water rights & allocations, Platte River Draft EIS, Coal Bed Methane.

Converse County Conservation District - Availability of water. - Volume of water (instream flow). - Water development. - Effects of [the] Endangered Species Act on water usage.

Niobrara Conservation District: Lisa Shaw, Manager as Board Directed None identified at this time.

Upper North Platte Water Users Association: Joe Glode 1. USFW [U.S. Fish and Wildlife Service] requirements for additional and timing flows of water to the target area in Nebraska for the whooping crane and other threatened species. Our primary concern is a lack of identification of impacts within the North Platte Basin particularly above Pathfinder Reservoir.

2. The whole question of minimum or instream flow. Again our concern is proper identification of impacts to current water rights holders in a river system already over appropriated.

Ducks Unlimited Inc.: Robert Sanders Ducks Unlimited’s primary concern in the WPRB [Wyoming Platte River Basin] is the availability of wetland habitat for waterfowl and other wetland wildlife. Large blocks or complexes of wetlands of varying types are especially important

Wyoming Chapter of The Nature Conservancy: Joni Ward, PhD. Director of Science

Technical Memorandum 2.5 2.5-23 3/7/2005 - Protection of priority conservation areas identified through the Wyoming Basins Ecoregional Plan (drafted by The Nature Conservancy - available from the Wyoming Field Office in Lander). - In-stream flow. - Coalbed methane.

Question 2 Does your organization have positions regarding recommended actions or remedies for addressing any or all of the water-related environmental issues in Wyoming’s Platte River Basin that you have listed above? If so, please describe.

Sierra Club: Kirk Koepsel, Senior Regional Representative The Sierra Club is very concerned with additional water withdrawals, including groundwater in the Basin as well as the water quality concerns related to energy development. Thus, we would like to see the State of Wyoming implement greater authority [regarding] water withdrawals and contamination. We also support implementation of a comprehensive water conservation program for the Basin.

Wyoming Wildlife Federation: Mark Winland, President We are generally supportive of the measures outlined in the new multi-state Platte River Plan, including increasing storage in Pathfinder Reservoir in order to help restore more historic flow regimes on the lower Platte.

Saratoga-Encampment-Rawlins Conservation District: Buck Buchanan, District Coordinator At this time it appears to us that all of the remedies being proposed center around capturing more water in the reservoir systems. We have seen no proposal concerning the conservation of water from the down stream users. For example, the City of Casper has placed no limitations on subdivision use of highly water dependent [vegetation] species i.e. blue grass in new developments. There has also been no (to our knowledge) requirements for irrigators in the major cropping areas to adopt more irrigation efficient practices. The State of Wyoming needs to mandate flow meters, drop nozzles etc. on center pivots.

BLM Wyoming State: Vicki Herren, Fire Ecologist We are bound [in regard to regulation] by the eventual decision from the Platte River Recovery Implementation Draft Environmental Impact Statement.

Wyoming Council of Trout Unlimited: Kathy Buchner, Part Time Director WYTU believes that any water related activities, planning, or development, should result in no further degradation or exacerbation of those issues discussed above. Conserving, protecting, and restoring coldwater fisheries would be our position. We would make ourselves available to help in any way possible so that future water activities in the State maintain and enhance the integrity of our wonderful fisheries.

Technical Memorandum 2.5 2.5-24 3/7/2005 Platte River Cooperative Agreement: Clayton Derby, Platte River Cooperative Agreement Assistant Executive Director See answer to #1 - the depletions plans and water plans are meant to address the problems identified.

Laramie Rivers Conservation District: Anthony Hoch, District Manager - Would like to see experimentation with cloud seeding to enhance precipitation. - Interested in tailoring forestry practices to increase water yield from national forest.

Laramie County Conservation District: Jim Cochran District Manager a) We do have an irrigation efficiency program especially for irrigators that draw water from the Ogallala aquifer. b) We have a water quality monitoring program and have been working on implementing [Best Management Practices] that were developed as part of the Crow Creek Watershed Plan. c) Encourage alternative farming practices such as reduced till or no till farming.

Medicine Bow Conservation District: Brad Holliday Water Resources The Medicine Bow Conservation District is charged with the protection of our water resources as defined in Wyoming State Statute 11-16-103 Legislative declarations and policy. Water Quality –Quantity Our goal is to adequately monitor and analyze the surface waters within the district using the most accurate credible water quality data available. We will work with the residents within our district to educate them on the importance of a healthy, properly functioning water cycle within our watersheds and to see that the available water resources are put to best beneficial use to maintain a viable agricultural community through sound management of irrigation practices, to maintain healthy riparian areas that provide excellent fisheries and habitat for domestic and wildlife species and provide for adequate domestic water supplies of the highest possible quality. The objectives we will implement to achieve our overall goal are as follows: · Complete the analyses and interpretation of the data collected since 1999. · Complete a final water quality report for all three of our watersheds. · Develop a maintenance water quality sampling and analyses program that will address any target areas identified and ensure water quality is sufficient to achieve the designated and beneficial uses assigned to those waters. · Ensure the streams within our watersheds are classified correctly according to Chapter 1 of Wyoming Water Quality Rules and Regulations. · Address new standards regarding water quality. · Educate and inform landowners regarding existing and proposed AFO/CAFO [Animal Feeding Operations/Confined Animal Feeding Operations] regulations. · Assist in reducing the occurrence of non-point source pollution within the district boundaries.

Technical Memorandum 2.5 2.5-25 3/7/2005 · Promote Best Management Practices to reduce non-point source pollution by promoting irrigation water management, water erosion control, pesticide and fertilizer management, riparian management and other conservation practices. · Work to see that all water rights are being utilized to their fullest extent. · Educate and inform cooperators regarding Wyoming Water Laws. · Work with cooperators and local, state and federal agencies on watershed-based water quality and quantity programs. · Seek additional water storage as per the North Platte Decree as allowed. · Promote projects that create water energy development within the district. · Support and promote any and all waste cleanup programs and projects. · Provide our residents with the informational resources regarding proper sewage design and installation.

Converse County Conservation District Developing water sources would make water available to more and improve quality.

Niobrara Conservation District: Lisa Shaw, Manager as Board Directed Back all decisions with scientific data – we are collecting data at this time.

Upper North Platte Water Users Association: Joe Glode Yes, the water users maintain that they have a property right in their appropriated water. Any re-regulation of water for environmental concerns must consider the effects on those property rights. At a minimum, either avoiding impacts or just compensation must be included in any solution proposal.

Ducks Unlimited Inc.: Robert Sanders Currently, DU’s efforts in WY’s PRB [Platte River Basin] have been related to select projects. We are currently developing a DU Wyoming Plan which will narrow that focus to high priority sites in the State.

Wyoming Chapter of The Nature Conservancy: Joni Ward, PhD. Director of Science We would recommend that the information provided in the Wyoming Basins Ecoregional Plan be considered along with other data when land-use decisions are made. We would be pleased to provide a copy of the ecoregional plan to the Platt River Basin Advisory Group.

Question 3 What new water-related environmental issues in Wyoming’s Platte River Basin does your organization believe may emerge during the next 20 to 30 years?

Sierra Club: Kirk Koepsel, Senior Regional Representative - Coal-bed Methane development. - Converting agricultural water uses to more industrial and municipal uses. - More acquisition of riparian lands and water rights for instream flow and wildlife purposes.

Technical Memorandum 2.5 2.5-26 3/7/2005 - Conversion of agricultural lands and associated water rights to residential uses through subdivision on lands particularly near the river.

Wyoming Wildlife Federation: Mark Winland, President Water quantity/flow regimes will always be an issue, especially in relation to downstream State endangered/sensitive species issues. Though difficult to foretell, endangered species issues may emerge in Wyoming as well.

Saratoga-Encampment-Rawlins Conservation District: Buck Buchanan, District Coordinator Water quantity will continue to be the dominant issue.

BLM Wyoming State: Vicki Herren, Fire Ecologist As wild land fuels build up and if drought continues, there could be an increase in wild land fire suppression efforts; water availability would be a concern.

Wyoming Council of Trout Unlimited: Kathy Buchner, Part Time Director New, potential issues that could negatively impact our coldwater fisheries would be more storage facilities, and/or “selling” our water downstream. Urbanization, population growth and development, will also be concerns.

Platte River Cooperative Agreement: Clayton Derby, Platte River Cooperative Agreement Assistant Executive Director You would need to speak with the individual parties.

Laramie Rivers Conservation District: Anthony Hoch, District Manager - Salts in surface water, ground water, and soils. - Increased domestic demand from an over-appropriated system – municipal as well as from small acreages created by agricultural land subdivision. - Increased demands from downstream users (NE) and upstream diverters (CO).

Laramie County Conservation District: Jim Cochran District Manager a) Change of use from agricultural water to municipal water. b) More emphasis put on groundwater rights and quality. c) Instream flow issues.

Medicine Bow Conservation District: Brad Holliday - Water storage and change of use. - Endangered species. - Change of demand on current water supply.

Converse County Conservation District - CBM and industry effects/usage. - Endangered Species Act.

Technical Memorandum 2.5 2.5-27 3/7/2005 - Water quality. - Water development for subdivisions. - Conveyance of water.

Niobrara Conservation District: Lisa Shaw, Manager as Board Directed Coal bed methane – cumulative decline in well water – overuse.

Upper North Platte Water Users Association: Joe Glode The big question that nobody seems to want to address is water yield on the National Forests. Vegetation management on the Forest has a direct impact on the water yield in the river drainage. Political and resulting environmental issues have made scientific consideration of vegetation and water relationships difficult to pursue. The water users see decline of water yields as the major long-term water issue in the Platte River Basin.

Ducks Unlimited Inc.: Robert Sanders Down stream issues with Nebraska will likely become increasingly important. Threatened and endangered species in WY, CO and NE will increase in priority for many organizations and agencies.

Wyoming Chapter of The Nature Conservancy: Joni Ward, PhD. Director of Science None at this time.

Question 4 Please provide additional comments, if you wish, regarding current or potential future water- related environmental issues in Wyoming’s Platte River Basin.

Sierra Club: Kirk Koepsel, Senior Regional Representative NR

Wyoming Wildlife Federation: Mark Winland, President NR

Saratoga-Encampment-Rawlins Conservation District: Buck Buchanan, District Coordinator NR

U.S. Bureau of Land Management (BLM): Vicki Herren, Fire Ecologist Another issue that currently affects fire and fuels operations is the potential spread of aquatic exotics and diseases (such as whirling disease) from infected waters to uninfected waters. This has the potential to become a much bigger issue in the future.

Wyoming Council of Trout Unlimited: Kathy Buchner, Part Time Director

Technical Memorandum 2.5 2.5-28 3/7/2005 WYTU, with its 1200 members statewide, will always be available to consult and advise in issues affecting our coldwater fisheries. We thank you for giving us the opportunity to comment.

Platte River Cooperative Agreement: Clayton Derby, Platte River Cooperative Agreement Assistant Executive Director NR

Laramie Rivers Conservation District: Anthony Hoch, District Manager No additional comments.

Laramie County Conservation District: Jim Cochran District Manager NR

Medicine Bow Conservation District: Brad Holliday Is it possible to increase storage within our district area to hold water allocated to irrigators, and compensate for siltation?

Converse County Conservation District The Platte River Basin cannot ignore the possible impacts that CBM development could place on the area in the future.

Niobrara Conservation District: Lisa Shaw, Manager as Board Directed The district is involved in baseline data collection in Goshen, Converse & Niobrara counties. This data is on the following water bodies: Rawhide, Muskrat, Duck, Old Woman, Lightning, Lanci, Cheyenne, Antelope, Little Thunder, Etc. Included is our data policy.

Upper North Platte Water Users Association: Joe Glode NR

Ducks Unlimited Inc.: Robert Sanders Thank you for soliciting comments from us. I look forward to hearing about progress that is made.

Wyoming Chapter of The Nature Conservancy: Joni Ward, PhD. Director of Science Thank you for giving us the opportunity to provide input.

Technical Memorandum 2.5 2.5-29 3/7/2005 2.5.4 Cooperative Agreement and Draft Environmental Impact Statement

2.5.4.1 Cooperative Agreement In 1997, the States of Colorado, Wyoming and Nebraska and the U.S. Department of the Interior signed the Cooperative Agreement for Platte River Research and Other Efforts Relating to Endangered Species Habitat Along the Central Platte River, Nebraska (Cooperative Agreement). The purpose of the Cooperative Agreement is to implement certain aspects of the U.S. Fish and Wildlife Service’s (USFWS) recovery plans for target species (piping plover, least interior tern, whooping crane and pallid sturgeon) that relate to the habitats of these species by providing for the following during the term of the Cooperative Agreement: - implementation of research, analysis and other measures that will benefit the target species and their associated habitats; - implementation of efforts to acquire, restore, and manage land or interests in land so as to provide and improve associated habitats for the target species; - development and implementation of certain water management, conservation and supply measures; - development of a basin-wide program, the Platte River Recovery Implementation Program (PRRIP), to be implemented following evaluation of the Proposed Alternative and a range of reasonable alternatives in compliance with the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA), the intents of which are to: (1) secure defined benefits for the target species and their associated habitats to assist in their conservation and recovery through a basin-wide cooperative approach that can be agreed to by the three states and U.S. Department of the Interior; (2) serve as the reasonable and prudent alternative to offset the effects of existing and new water-related activities in the Platte River Basin that, in the absence of the PRRIP, would be found by the U.S. Fish and Wildlife Service (USFWS) to be likely to jeopardize the continued existence of the target species or adversely modify designated critical habitat; (3) help prevent the need to list more basin associated species pursuant to the ESA; and (4) mitigate new water-related activities in a state in a manner that will not increase the mitigation responsibilities of other signatory states, with the intent that mitigation will be implemented in the state where the activity occurs; and - establishment of a governance structure that will ensure appropriate state government and stakeholder involvement in the completion of NEPA compliance tasks, in the implementation of research and other projects beneficial to the target species and their associated habitats, and in the development of the PRRIP (Cooperative Agreement, 1997).

The Cooperative Agreement led to the creation of a Governance Committee composed of member representatives from the three signatory states, the federal government, environmental groups, and basin water users. The Governance Committee was charged with developing details of the first 13-year long increment of the PRRIP. In the absence of the PRRIP, individual water projects and activities in the Platte River Basin with a federal nexus will be required to address and comply with federal Endangered Species Act (ESA) regulations individually, a process that

Technical Memorandum 2.5 2.5-30 3/7/2005 could require existing and new water-depletive projects requiring federal actions and approvals to replace their depletions, which could severely impact the states and their water users.

The Cooperative Agreement and the PRRIP were necessary as a result of Congressional approval of the Endangered Species Act (ESA) in 1973. Since then, the U.S. Fish and Wildlife Service (USFWS) has issued “jeopardy biological opinions” for virtually all existing and new water- depletive projects requiring federal actions and approvals. One such “biological opinion” cites depletions from Platte River Basin water projects as contributing factors in jeopardizing the continued existence of the target endangered species and adversely affecting their federally designated critical habitat along and within the Platte River in central Nebraska. The Cooperative Agreement is intended to provide an “efficient, effective, and equitable way to create improvements in the habitat” of the four Platte River target species while allowing numerous existing and some proposed Platte River water projects and activities to continue and to meet the requirements of the ESA. (USFWS, 2004

The Governance Committee prepared and submitted a draft PRRIP to the U.S. Department of the Interior (DOI) for review under the National Environmental Policy Act (NEPA) and for use in preparing a draft Environmental Impact Statement (DEIS). When submitted, the components of the draft PRRIP were at various stages of development and completion (PRESP, 2004). Following NEPA review, the DOI will issue a Record of Decision. Following issuance of the Record of Decision, the governors of Wyoming, Nebraska, and Colorado and the U.S. Secretary of the Interior may enter into a PRRIP, which is anticipated to occur in 2006. Governance Committee goals for the first 13 year increment of the PRRIP include: - Land habitat restoration: Protecting and/or restoring 10,000 acres of habitat in the Central Platte area in Nebraska - Program target river flows: Improving achievement of U.S. Fish and Wildlife Service (USFWS) Platte River flow targets by an average of 130,000 acre-feet to 150,000 acre-feet annually by changing the timing, magnitude, and duration of flows - Pallid sturgeon habitat: Testing the assumption that managing Central Platte River flows will also improve Lower Platte River pallid sturgeon habitat

2.5.4.2 Draft Environmental Impact Statement (DEIS) The U.S. Bureau of Reclamation (USBR) and the U.S. Fish and Wildlife Service (USFWS) jointly prepared a draft Environmental Impact Statement (DEIS) for the first 13-year increment of the Governance Committee’s Platte River Recovery Implementation Program (PRRIP). The DEIS assesses the environmental consequences of the PRRIP, as required by NEPA. USBR and USFWS released the DEIS for public comment in January 2004. The DEIS is the precursor to an Environmental Impact Statement (EIS) that is required by the National Environmental Policy Act (NEPA).

Technical Memorandum 2.5 2.5-31 3/7/2005 Two related documents that are being and have been prepared in conjunction with the DEIS are a USFWS Biological Opinion and a National Research Council report reviewing the science of the Platte River. The National Research Council report is commonly referred to by the Cooperative Agreement participants as the National Academy of Sciences (NAS) or NAS report. The Biological Opinion will assess conformance of the PRRIP with the requirements of the Endangered Species Act (ESA). The Biological Opinion has not been completed at the time of preparation of this technical memorandum. The National Research Council of the National Academies was asked to “evaluate the science regarding the central Platte River habitat needs and flow recommendations for the federally listed whooping crane, piping plover, interior least tern, and the pallid sturgeon.” (PRESP, 2004) The draft NAS report Endangered and Threatened Species of the Platte River was released for public review in April 2004.

The DEIS study area encompasses the main stem, tributaries, and water projects on the Platte River in Nebraska; the South Platte River and its tributaries in Colorado, Nebraska and Wyoming; and the North Platte River and its tributaries in Colorado, Nebraska and Wyoming. The DEIS evaluates the effects of the Governance Committee’s draft PRRIP and three other alternatives for a cooperative recovery program. The DEIS focuses on effects that a program may have on Platte River basin hydrology, water quality, land, target species and their habitat, other species, hydropower, recreation, economics, social resources, and cultural resources. The DEIS does so by analyzing a “no action” alternative and the effects of four alternative approaches to implementing a program, including: - Governance Committee alternative, - Water leasing alternative, - Wet meadow alternative, and - Water emphasis alternative.

The four alternatives use the “same general habitat objectives” for land habit restoration, target river flows, and pallid sturgeon habitat. The alternatives differ in the level of emphasis that is placed on land habitat and water. In addition, each alternative incorporates the following principles: - Willing buyer, willing seller/lessor: No condemnation of land or water rights will occur. The PRRIP will obtain land and/or water interests only through arrangements with willing sellers or lessors. - Incremental approach: The PRRIP will be implemented incrementally, with only the first 13-year implementation period currently under review. - Adaptive management: The PRRIP will use knowledge gained during early stages of implementation to adjust and improve implementation during later stages. (UWFWS, 2004) - Water sources: The three initial State Projects, including the Pathfinder Modification, Lake McConaughy EA (Environmental Account), and Tamarack Project, Phase I, are considered “basic water supplies” and will provide approximately 80,000 acre-feet of the average 130,000

Technical Memorandum 2.5 2.5-32 3/7/2005 acre-feet to 150,000 acre-feet additional river flow sought during implementation of the first 13 years of the PRRIP. - Water protection, tracking, and accounting: Each state will provide appropriate legal and institutional protections for water flowing to and through the Central Platte habitat reach that runs between Lexington and Chapman, Nebraska. - New depletion management: Each state and the Federal Government will develop methods to track and offset effects of new or expanded water-related activities that would “cause depletions to species and annual pulse flow targets.” - Water management: Water developed by the PRRIP will be managed to improve habitat for the four target species. - Land management: Land will be acquired and managed to approximate characteristics of the habitat of the target species. - Pallid sturgeon: The assumption that managing Central Platte River flows will also improve Lower Platte River pallid sturgeon habitat will be tested. - Institutional framework: Organizational structures will be established to oversee and coordinate implementation of the PRRIP. - Integrated monitoring and research plan (IMRP): Systematic monitoring and research will be conducted to track and evaluate the effects of actions taken during the first 13-year period of PRRIP implementation. - Cost sharing: The Federal Government will pay for 50 percent of PRRIP implementation costs, and the states will share the remaining 50 percent of the costs. - Good neighbor policy: PRRIP implementation will be conducted so that residents of central Nebraska will view the program as a “good neighbor.”

Differences among the four alternatives that are considered in the Draft Environmental Impact Statement (DEIS) are complex. A very simplified explanation of those differences follows: - Governance Committee alternative: This alternative seeks to improve the occurrence of the target species and annual pulse river flows (also referred to as “target flows”) by at least 130,000 acre-feet on an average annual basis. In addition, this alternative includes protecting, restoring as required, and maintaining at least 10,000 acres of habitat for the target species along the Central Platte River between Lexington and Chapman, Nebraska. - Water leasing alternative:

Technical Memorandum 2.5 2.5-33 3/7/2005 The water leasing alternative is similar to the Governance Committee alternative and emphasizes water leasing to improve achievement of the target flows, thereby addressing program water goals. - Wet meadow alternative: This alternative focuses on increasing the amount of wet meadow areas near the Platte River in the habitat area in central Nebraska by shifting some program resources away from water management and to land management. - Water emphasis alternative: This alternative focuses on acquiring additional water for the program and includes less emphasis on habitat management than does the Governance Committee alternative. The water emphasis alternative is based on improving achievement of target flows in the habitat area by 185,000 acre-feet on an average annual basis but improving only about 6,200 acres of habitat.

2.5.5 Conclusion This technical memorandum has briefly addressed environmental water use in Wyoming’s Platte River Basin by considering various types of environmental water regulation, by surveying parties having an interest in water-related environmental issues in the basin, and by summarizing the development and contents of the Platte River Recovery Implementation Program (PRRIP) and the associated Draft Platte River Environmental Impact Statement. Environmental water policies, including permitted instream flow Wyoming State Engineer’s Office water rights, U.S. Forest Service instream bypasses, and minimum and voluntary reservoir releases are in the process of implementation. These measures seek to maintain or improve fishery habitat in the basin. Interest in water-related basin environmental issues is apparently strong, and opinions vary. Finally, the long and complex PRRIP process indicates the complexity of basin water-related environmental issues and promises to stimulate dialog regarding water-related basin environmental issues for years into the future.

2.5.6 References Gloss, David. 2004. Hydrologist, U.S. Forest Service, Saratoga, WY. Personal communications via e-mail. Kouma, Edward. 2004. U.S. Bureau of Reclamation, Casper, WY. Personal communication. Platte River Endangered Species Partnership (PRESP). www.platteriver.org U.S. Fish and Wildlife Service – Mountain-Prairie Region. www.mountain-prairie.fws.gov

Technical Memorandum 2.5 2.5-34 3/7/2005